Patna High Court
Pappu Kumar Yadav @ Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail on condition of a Rs 10,000 bond with two sureties and compliance with the stipulated conditions.
Summary
Pappu Kumar Yadav was arrested on 28‑02‑2026 in connection with a 2022 case involving the seizure of 313.2 litres of country‑made liquor. The offence alleged is under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, and the liquor was recovered from vehicles owned by the petitioner, not from his conscious possession. The petitioner contended that ownership of the vehicle alone should not make him liable and that procedural requirements under Sections 103 and 105 of the B.N.S.S, 2023 were not complied with. The State opposed bail, citing two other pending cases against the petitioner. The High Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of personal appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Special Judge of the Excise Court, Gopalganj.
Issues considered
- Whether the petitioner is entitled to bail despite being the owner of the vehicle from which illegal liquor was seized.
- Whether non‑compliance with Sections 103 and 105 of the B.N.S.S, 2023 bars the grant of bail.
- Whether the existence of other pending criminal cases affects the bail application.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S., 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- vehicle ownership
- criminal antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37315 of 2026
Arising Out of PS. Case No.-202 Year-2022 Thana- YADOPUR District- Gopalganj
======================================================
Pappu Kumar Yadav @ Pappu Kumar Son of Chhotelal Yadav Resident of
Village- Tirbirwan, P.S.- Gopalganj Town, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Javed Aslam, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Javed Aslam, learned counsel for the
petitioner and Mr. Manoj Kumar, the learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
28.02.2026 in connection with Yadopur P.S. Case No. 202 of
2022, F.I.R. dated 24.11.2022 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Amendment Act 2022.
3. Recovery is of 313.2 liters of country-made liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from the conscious possession
of the petitioner rather the recovery has been made from the
vehicles in question and the petitioner has been made accused in
the present case merely on the ground that the petitioner is
Patna High Court CR. MISC. No. 37315 of 2026(2) dt.16-06-2026
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owner of one of the vehicles in question and there is non-
compliance of Sections 103 and 105 of the B.N.S.S, 2023 and
the petitioner was not apprehended at the place of occurrence
and police, after investigation, submitted the charge-sheet
against the petitioner and the petitioner is in custody since
28.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
two more cases other than the present one but fairly submits that
out of two cases, in one case police submitted final form against
the petitioner and not sent up for trial and rest one case is
pending for consideration before the competent Court of law, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.D.J.-XIII-cum-Special
Judge Excise Court-I, Gopalganj in connection with Yadopur
P.S. Case No. 202 of 2022, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
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on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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